Mary Elizabeth "Betsy" Davis

Mary Elizabeth "Betsy" Davis

PARTNER
bdavis@wtplaw.com
RICHMOND
T: 804.799.7864
F: 804.977.3294



Ms. Davis is a partner in the Labor and Employment Group. She focuses her practice on advising management in all areas of labor and employment law. She regularly represents employers in state and federal courts in the areas of discrimination, fair labor standards, family and medical leave, wrongful discharge, covenants not to compete, breaches of employment contracts, as well as other state and federal employment issues. She counsels and represents clients in defense of EEOC charges and DOL investigations. 

Ms. Davis uses her litigation experience to counsel clients with a goal of eliminating risk and placing the client in the best position should litigation arise. She provides advice and management training to raise awareness and ensure compliance with employment laws. She routinely reviews and develops employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents. She is frequently contacted by clients to assist in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.
 

Recognitions

  • Virginia Business magazine's Legal Elite
  • Listed in Best Lawyers in America, 2020 for Commercial Litigation, Employment Law - Management and Litigation - Labor and Employment. 
  • Virginia Super Lawyers: Rising Star 2007; Labor and Employment Law Super Lawyer, 2009 – 2012
  • “AV-Preeminent” Rated by Martindale-Hubbell
 

Memberships & Activities

  • Virginia State Bar: Young Lawyer's Conference; Regional Chairperson, No Bills Night, Richmond; Harry L. Carrico Professionalism Course, Faculty Member
  • Virginia Bar Association: Labor and Employment Law Council Member
  • Richmond Bar Association: Administration of Justice Committee, Past Chair; Membership Committee, Past Chair, Finance Committee 
  • Lewis F. Powell, Jr. American Inn of Court: Member, 2009 – Present; President, 2011 – 2013; Immediate Past President, 2013 – 2015
  • Make-A-Wish Greater Richmond: Board Member: Vice Chairman of the Board
  • Best Lawyers Designation
Employment Litigation
  • Represented employers in a broad section of industries on claims of discrimination, harassment, and retaliation; wage and hour; family and medical leave; wrongful discharge; noncompetition, nonsolicitation, and confidentiality covenants; trade secrets; business torts; and breaches of employment contracts in state and federal courts.
  • Represented clients in investigation and defense of EEOC, DOL, and NLRB charges and VEC claims.
  • Drafted and litigated non-compete, non-solicitation, and confidentiality covenants to injunction.
  • Defended business litigation claim filed by joint venturer in federal court to agreed dismissal without defense payment.
  • Defended local and multistate employers in DOL audits.
  • Represented national employer in discrimination claim to defense verdict in federal court.
  • Mediated EEOC charges against employers in a wide range of industries to successful resolution without litigation.
  • Represented senior executive in successful grievance litigation before the Circuit Court, the Virginia Court of Appeals, and the Virginia Supreme Court; obtained contempt order.
  • Proved and enforced employment contract against locality.
  • Litigated fiduciary duty claim against executive who created competing company to successful resolution.
  • Mediated multi-defendant non-compete litigation to successful resolution through federal court mediation program.
 
Employment Counseling
  • Trained and advised employers regarding federal and state employment law compliance, including the FLSA, FMLA, ADA, ADAAA, ADEA, Title VII, COBRA, FCRA, and the WARN Act.
  • Developed and reviewed employee policies, handbooks, offer letters, employment contracts, separation agreements, and other related documents for Virginia and multistate employers.
  • Assisted clients in handling difficult termination and hiring issues, as well as sensitive matters involving restrictive covenants and trade secrets.
  • Counseled management in various industries in planning and implementing work force reductions.
 
Reported Cases
  • Nidelka Adams v. McDaniel Services, 2016 U.S. Dist. LEXIS 29803 (E.D. Va, March 8, 2016)
  • L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93976 (E.D. Va. July 6, 2012)
  • L. Foster Consulting, LLC v. XL Group, Inc., 2012 U.S. Dist. LEXIS 93979 (E.D. Va. June 1, 2012)
  • Keck v. Virginia, 470 Fed. Appx. 127, 2012 U.S. App. LEXIS 6644 (4th Cir. Va. 2012)
  • Keck v. Commonwealth, 2011 U.S. Dist. LEXIS 74635 (E.D. Va. July 12, 2011)
  • Va. Dept. of Corrections v. Estep, 2011 Va. LEXIS 82 (Supreme Court of Virginia 2011)
  • Va. Dep't of Corr. v. Estep, 2010 Va. LEXIS 125 (Supreme Court of Virginia 2010)
  • Va. Dep't of Corr. v. Estep, 55 Va. App. 386 (Court of Appeals of Virginia 2009)
  • Alta. Telcomms. Research Ctr. v. Rambus Inc., 2006 U.S. Dist. LEXIS 26313 (E.D. Va 2006)
  • Mid-Atlantic Bus. Communs., Inc. v. Va. DMV, 269 Va. 51 (Supreme Court of Virginia 2005)
  • Contreras v. Thor Norfolk Hotel, L.L.C., 292 F. Supp. 2d 798 (E.D. Va. 2003)
  • Ross v. Pendell, 46 Fed.Appx. 155, 2002 WL 2023207 (4th Cir.(Va.) 2002)
  • Taylor v. Frazer, et al., 42 Fed.Appx 651, 2002 WL 1893174 (4th Cir.(Va.) 2002)
  • Coleman v. Ward, 208 F.3d 208, 2000 WL 245290 (4th Cir. (Va.) 2000)
  • Buckley v. Womack, et al., 203 F.3d 819, 2000 WL 139909 (4th Cir. (Va.) 2000)
PRESENTATIONS & PUBLICATIONS

Speaking Engagements

 

September 2019,  moderating "A Conversation with Commission Lipnic” at the Virginia Bar Association Labor & Employment Conference

July 2019, presenting “Workers Who Can’t Wait – Navigating Leave as an Accommodation”  to Virginia Bar Association Summer Meeting

May 2019, presented “#MeToo in the Workplace: Creation, Compliance, Countermeasures” to the Society of Corporate Compliance and Ethics

February, 2019, New DOL Guidance on Tip Credit webinar

August, 2018, presenting “U.S. Employment Law Training”, Richmond, VA

June, 2018, presenting “ADA Compliance Overview”, Richmond, VA

March 22, 2018, presenting “Harassment Pitfalls”, Richmond, VA

February 12, 2018, presenting “EPLI: A Year in Review and A Look at What Is To Come”, Jersey City, NJ

October 11, 2017, presenting “Wage Issues: Practical Tips to Avoid Liability”, with NBI, Inc.

May 18, 2017, presenting “Staffing and Employment Issues” to the Associated General Contractors of Virginia, Young Leaders Conference

May 11, 2017, moderating “Human Resources 101: Hiring, Firing and Employment Law Update” for the Richmond Bar Association

April 11, 2017, presenting “The Trump Experience: How U.S. Law Will Change – Employment Changes, webinar

April 27, 2017, presenting “The Trump Experience: How Employment Laws Will Change” to the Virginia Association of Personal Care Providers, 2017 Spring Meeting

March 1, 2017, presenting “Contractors-Employees: A War on Misclassification”, Richmond, VA

August 25, 2016, presenting “Minimizing Risk in the Construction Industry: Tips of Managing Employees” to the Associated General Contractors of Virginia, Young Leaders Conference

July 20, 2016, presenting “Be(A)ware – Employment Laws are Changing” to the Association of Legal Administrators

July 12, 2016, presenting “War on Misclassification” to the Hanover Chamber of Commerce

April 7, 2016, (Newport News), April 12, 2016 (Richmond), April 19, 2016 (Fairfax) presenting “Human Resources Rules and Regulations” to the Virginia Association of Personal Care Providers

April 11, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Hill-Tucker Bar Association

April 13, 2016, presenting “How to be a DOL/ OSHA Whisperer: Speaking the language of regulators” to the Richmond Bar Association

January 14, 2016, presenting "Employment Law Update: Cutting Edge Issues” to lawyers and human resources professionals on behalf of Sterling Education Services

October 7, 2015, presenting "Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resource professionals on behalf of the National Business Institute

October 6,2015, presenting “Human Resources, Overtime Exemptions, and the ACA” to the Virginia Association of Personal Care Providers

October 7, 2015, presenting “Discipline and Discharge - Necessary Documentation,” and “Controlling Unemployment Compensation Costs” to lawyers and human resources professionals on behalf of the National Business Institute

October 2015, presenting “The Five Hottest Areas of Employment Liability Risk” to the Chesterfield Chamber of Commerce

February 4, 2015, presenting “Fundamentals of Employment Law” to lawyers and human resources professionals on behalf of Sterling Education Services

ARTICLES

Virginia Employers Must Produce Personnel Files

As of July 1, 2019, employers in Virginia must furnish to employees and former employees copies of all records retained by the employer in the following categories:
 
  • the employee’s dates of employment with the employer
  • the employee’s wages or salary during the employment
  • the employee’s job description and job title during employment
  • any injuries sustained by the employee during the course of the employment with the employer (Virginia Code §8.01-413.1(B)).

NEWS